Caring couples and Universal Credit
This advice applies in England, Scotland and Wales.
In couples who both provide care, only one parent can have automatic exemption from work-related requirements in their Universal Credit award. The Department of Work and Pensions has a discretionary power to exempt the other parent. On this page we explain how you can ask for this to happen.
In this article
Why aren’t caring couples both exempt from working?
Most Universal Credit claimants are expected to look for work as a condition of their award.
Certain claimants can be exempt from working, such as parents of children under two, some disabled people, and some carers. This includes most carers who satisfy all the qualifying conditions, other than the earnings limit, of Carer’s Allowance. It also includes carers entitled to the Scottish Carer Support Payment.
One of the qualifying conditions for Carer’s Allowance and Carer Support Payment (and the Universal Credit carers element) is that two people cannot both claim these benefits as carer for the same disabled person. If one partner claims these benefits for caring for their child, the other partner cannot.
That other parent therefore does not have an automatic right to be in the no work-related requirements group as a carer. (Section 19 of the Welfare Reform Act.)
The DWP’s power to exempt
The Department for Work and Pensions (DWP) has a discretionary power to exempt a second full-time carer from work-related conditions.
Regulation 89b of the Universal Credit Regulations states that someone who does not meet the qualifying conditions for Carer’s Allowance or Carer Support Payment, but who nevertheless looks after a severely disabled person for 35 hours or more, can still be placed into the no work-related requirements group. This is only where “the Secretary of State is satisfied that it would be unreasonable” to require the claimant to comply with job availability and job search.
In practice, this means your work coach, acting on behalf of the Secretary of State, can place you in the no work-related requirements group. They can do this if they accept both that:
- You are providing at least 35 hours a week care to your disabled child.
- It is not reasonable to expect you to look for work, given your caring role.
Watch our video about this topic
Regulation 89 and claiming Universal Credit as two full-time carers.
Asking Universal Credit to exempt from work-related requirements
The parent not in receipt of Carer’s Allowance / Carer Support Payment, or the carers element, should explicitly ask their work coach to amend their claimant commitment.
Ask them to place you in the no work-related requirements group under Regulation 89 (1) (b) of the Universal Credit Regulations 2013. You can use our template to make this request in your online journal:
Will I need to provide evidence of the care I provide?
It will help your request if your work coach understands your circumstances. Explaining your child’s health conditions, and the type of care, attention and supervision they may need, will mean your work coach is more likely to accept your request.
The DWP can only consider using regulation 89 (1) (b) if they accept that you are providing at least 35 hours a week care to your child, in addition to the full-time care that your partner is providing.
What happens if my work coach does not agree?
The DWP might still refuse to place you in the no work-related requirements group.
If they do, ask your work coach to change the number of available work hours in your claimant commitment. They can do this under Regulation 88 of the Universal Credit Regulations 2013.
Most people in the all work-related requirements group are expected to spend at least 35 hours a week looking for work. However, it is possible for the number of hours to be lowered. This can happen where a claimant is a “relevant carer”. This is someone “who has caring responsibilities for someone who has a physical or mental impairment”. See Regulation 88 (2) of the Universal Credit Regulations.
Where this applies, your work coach can limit the number of hours you have available to look for work so that you can carry out your caring responsibilities while maintaining a reasonable prospect of finding work. For example, you may be expected to carry out some work-related activities whilst your child is at school.
Asking Universal Credit to reduce my work-related requirements
The parent not in receipt of Carer’s Allowance / Carer Support Payment, or the carers element, should explicitly ask their work coach to reduce their claimant commitment under Regulation 88 of the Universal Credit Regulations 2013.
You can use our template letters to make this request in your online journal:
What happens if my work coach does not agree to reduce my work-related requirements?
Your work coach has discretionary powers to place you in the no work-related requirements group or reduce your work-related requirements. If they are unwilling to do either of these, you cannot formally appeal against that decision.
You can ask that they reconsider their decision, and you can ask for a judicial review. Before requesting a judicial review you should seek support. You can either find a local advice service in your area or by phoning our free helpline.
More Universal Credit advice
Moving onto Universal Credit from legacy benefits
Universal Credit for young people receiving education
Backdating of the disabled child addition and carer element of Universal Credit
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